Developer Stuart Bornstein withdrew his appeal of the building commissioner’s decision that the residential use of a Freezer Road property has lapsed.

“We are going ahead right now with plans for a house on that site,” Bornstein said in an interview this week. “We’re really keen on living there.”

Bornstein and Building Commissioner Tom Perry agreed to a stipulation that allowed Bornstein to withdraw the appeal without prejudice. That step will allow him to bring the appeal forward again in a shorter time period, if he so decides.

Ted Theodores of Friends of Barnstable Harbor said his group “has really tried hard to influence Mr. Bornstein and the town to arrange some kind of transaction between the town and him so we could acquire that property to enhance the harbor.” This week, he submitted a petition with more than 200 signatures to the town manage asking the town to acquire the Freezer Point property “for expanded commercial and recreational marine purposes, mitigation of existing traffic and parking congestion, improved facilities and aesthetic treatments, and increased public access and services.”

“I’ve had a lot of discussions with town officials,” Theodores said. “I’m pretty sure the town wants to acquire the property. I don’t know whether they have the money. I don’t know what the price is, or whether Mr. Bornstein is willing to sell.”

Town Councilor Ann Canedy, who represents Barnstable, declined to comment on the withdrawal of the appeal.